I acknowledge on behalf of my business or organization that I am voluntarily applying to participate in Salinas Valley Food & Wine Festival activities, and any and all activities incidental thereto, in conjunction with the Salinas Valley Food & Wine Festival (collectively, the “Activities”).
1. I / WE AM / ARE AWARE THAT THE ACTIVITIES INVOLVE RISKS, WHICH MAY LEAD TO SERIOUS INJURY OR DEATH. I / WE AM / ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH THE KNOWLEDGE OF THE DANGER INVOLVED, AND HEREBY AGREE TO ACCEPT ALL RISKS OF INJURY OR DEATH.
a) As consideration for being permitted to participate in the Activities, I / we hereby voluntarily release, discharge, waive and relinquish all actions or causes of action for personal injury, property damage or wrongful death occurring to me / us as a result of engaging in the Activities, wherever or however the same may occur and for whatever period the Activities may continue, and I do for my / our / self / selves, my heirs, executors, administrators and assigns hereby thereafter arise for me / our estate, and Agree that under no circumstances will my / our heirs, executors, administrators or I / we and assigns prosecute, present any claim for personal injury, property damage or wrongful death against Salinas Valley Food & Wine Festival, Salinas City Center Improvement Association, or the Oldtown Salinas Foundation, a California non-profit – tax deductible 501(c)3, or any of its officers, agents, servants, or employees (the “Released Parties”) for any said causes of action, whether the same shall arise by negligence or otherwise.
2. IT IS MY / OUR INTENTION, BY THIS INSTRUMENT, TO EXEMPT AND RELIEVE THE RELEASED PARTIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE.
a) The undersigned, for him / herself, his / her heirs, executors, administrators or assigns agrees that, in the event any claim for personal injury, property damage or wrongful death shall be prosecuted against the Released Parties arising out of, or in any way connected with, the undersigned’s participation in the activities, he / she shall indemnify and save harmless the Released Parties from any and all claims or causes of action by whomever or whatever made or presented for personal injuries, property damage or wrongful death. Vendors (selling items) shall name Salinas Valley Food & Wine Festival as “Additional Insured” on vendor’s liability insurance policy in an amount not less than $1,000,000.00. A copy of this insurance and rider shall be provided to Salinas Valley Food & Wine Festival immediately upon notice of acceptance as a vendor.
3. I / WE AM / ARE AWARE THAT FOOD/WINE/BEER/SPIRITS ARE NOT ALLOWED TO BE SERVED OUTSIDE OF PERMITTED PREMISES. ALL FOOD/WINE/BEER/SPIRITS MUST BY PREPARED AND SERVED ONLY IN THE AREAS DESIGNATED BY THE MONTEREY COUNTY HEALTH DEPT. UNDER THE CURRENT HEALTH PERMIT.
4. I / WE AM / ARE AWARE THAT THERE WILL BE NO SECURITY OVERNIGHT. ANY ITEMS LEFT OUTSIDE OVERNIGHT ARE AT MY / OUR OWN RISK.
5. I / WE AGREE TO INDEMNIFY AND HOLD HARMLESS THE SALINAS VALLEY FOOD & WINE FESTIVAL, SALINAS CITY CENTER IMPROVEMENT ASSOCIATION, OLDTOWN SALINAS FOUNDATION, THE CITY OF SALINAS, AND THE PROPERTY OWNERS FROM ALL DAMAGES, LIABILITIES, COSTS, AND EXPENDITURES INCLUDING ATTORNEY’S FEES.
I / We have carefully read this agreement, am / are fully and completely aware of the potential dangers incidental to engaging in the Activities, and am / are fully aware of the legal consequences of signing this agreement. I / We am / are aware that this is a release from liability and sign it of my / our own free will.